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Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33304
Experience:  16 yrs. of experience including family law.
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I'm currently unemployed but I want to file for a divorce?

Customer Question

Hi,
I'm currently unemployed but I want to file for a divorce? how can I afford that?
Can the court order my husband to pay for my lawyer? he makes decent amount of money.
Submitted: 4 months ago.
Category: Family Law
Expert:  P. Simmons replied 4 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 4 months ago.

The key question here will be "do you and your soon to be ex agree on the terms of divorce"?

Or will this be a contested divorce?

Customer: replied 4 months ago.
I'm not sure but I think it will be not an agreed case so I think it is contested
we also have a child
Expert:  P. Simmons replied 4 months ago.

Thank you

A divorce can either be contested or not contested.

Uncontested; Now the fastest, (and by far the least expensive) way to get a divorce is if you can agree on the terms. If you can agree on "who gets what" there is not a need for attorneys...this will cut the costs to a very small amount (court fees)

Contested; if you can not agree, this is a contested divorce. To proceed you need an attorney or need to act as your own attorney (very bad idea). Here the parties present evidence to the court on "who gets what" and the court decides. This takes longer and involves attorney fees for both sides.

SO, if you can agree with your "soon to be ex" on who gets what, great! If not, you need an attorney. And you will need to pay your attorney (and your spouse will need to pay his)

Is it possible (in fact, common) that the court orders he pay you support (as the case progresses). So it is possible to get an order from the court to order he pay money.

But, frankly, in most cases, if you both can work out the details without attorneys? You will save a LOT of money. So consider trying to work with him to figure out the details (who gets what). If he refuses? You will need to hire an attorney...you can have your lawyer go to the court and ask for an order of support

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 4 months ago.
we have a child and the way I know my husband he will be a fighter.
He is controlling and angry person, He forbid me to contact my sister because she married to an african american, if I record him saying something racist regarding my family and humiliating would that be in my benefit ? or is it illegal?
Expert:  P. Simmons replied 4 months ago.

Kansas is a "one party" state for recording. You do not need to give him notice if you record your conversations.

So it is not illegal.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 4 months ago.
what is the time period from the time of filing a divorce to the time to inform the other party?
Expert:  P. Simmons replied 4 months ago.

Sorry for the delay. I was called away.

Time frame to notify the other party?

It happens at the same time...when you file, your attorney will notify the other party.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 4 months ago.

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Please rate the answer so I may receive credit
Thanks for your understanding
Phil

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